Gujarat High Court
SCA/8393/1995 of KANTABEN M CHAWDA Vs DIRECTOR on 19 December 1995
Civil Application No 8393 of 95 Date of decision: 19/12/95 For Approval and Signature: Hon'ble MR.JUSTICE C.K.THAKKER 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the Reporter or not? 3. Whether Their Lordships wish to see the fair copy of the
Date of decision: 19/12/95
For Approval and Signature:
Hon'ble MR.JUSTICE C.K.THAKKER
1. Whether Reporters of Local Papers may be allowed to see the judgements?
2. To be referred to the Reporter or not?
3. Whether Their Lordships wish to see the fair copy of the judgement?
4. Whether this case involves a substantial question of law as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the interpretation of the Constitution w as to the inter w as to the inter of India, 1950 of any Order made thereunder
5. Whether it is to be circulated to the Civil Judge?
KANTABEN M CHAWDA
vs
THE DIRECTOR ESIC
Appearence:
MR BN RAVAL for Petitioner
Coram : MR.JUSTICE C.K.THAKKER
ORAL JUDGEMENT
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ORAL ORDER:
Rule. Mr.Bambbhania, learned Additional Government Pleaderappears and waives service of rule on behalf of the respondents.In the facts and circumstances of the case, the matter is taken upto day for final hearing.
This petition is filed by the petitioner for quashing andsetting aside the orders at Annexures.A and B dt. August 1, 1995passed by the Superintendent, Chest Disease Hospital, Ahmedabad,respondent no.2. In the said order, it was, inter alia, observed,that the petitioner was on leave without pay for the followingperiod:
1. Dt. 16.2.1990 to 6.3.90 - 19 days.2. Dt. 19.3.90 to 27.3.90 - 9 days.3. Dt. 31.3.92 to 4.4.92. - 5 days.4. Different types of leavewithout pay. - 230 days.
Accordingly the following amount which was paid by way of salarywas paid through mistake.
1. Rs. 872.202. Rs. 385.00–3. Rs. 270.004. Rs.10,310.50 --------------- Total. Rs.12,310.50 ps.
Thus, in all an amount of Rs.12,310.50 ps. was paid to thepetitioner under mistake. The petitioner was, therefore, calledupon to refund the said amount.
��Mr.Supehia, for Mr.B.N.Raval, contended that theimpugned order was passed without issuing any notice, calling forexplanation or affording any opportunity of hearing. The said factis not controverted by Mr.Bambhania. He, however, contended thatthe petitioner was not entitled to salary since leave was withoutpay. It was due to mistake on the part of the Department thatsalary was paid. If there was a mistake, it could be corrected.The contention is well founded but, then, the principles of naturaljustice must be observed. Before such action is taken, the authority was bound to observe the principles of natural justiceand fair play. It was obligatory on the part of the respondentauthority to hear the petitioner and thereafter correct the mistakeif there was any. Hence, on that ground alone and withoutobserving anything on merits, the petition is allowed. Theimpugned orders are hereby quashed.
��It is needless to say that I am not expressing anyopinion on merits and it is open to the Competent Authority to passan order in accordance with law after observing principles ofnatural justice. Rule is made absolute to the above extent. Inthe facts and circumstances of the case, there shall be no order asto costs.
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